In 2006, federal lawmakers enacted the Adam Walsh Act, which ordered states to revamp their sex offender registration laws in order to create a nationwide, comprehensive sex offender tracking system. The law gave states five years in which to comply with its requirements, under the threat of a loss of federal law enforcement funding. When that five-year deadline passed late last month, only 14 states, not including Pennsylvania, had passed the required legislation.

Under the Adam Walsh Act, states must adopt a three-tiered system of classifying sex offenders by how long they are required to register with law enforcement. Currently, Pennsylvania's Megan's Law has two categories, for those who must register for 10 years and those who must register for life.

In addition, under the federal law, sex offender registration laws would be expanded, requiring juveniles and those convicted of less serious crimes to register, and increasing the information that offenders would have to provide to local law enforcement.

When Pennsylvania Governor Tom Corbett took office in January, he stated that compliance with the Adam Walsh Act would be a priority. But despite the introduction of multiple bills to the Pennsylvania legislature, the law was not passed. As a result, the state will now lose a significant chunk of a federal grant that helps to fund the Pennsylvania justice system.

However, state officials should consider whether compliance with the Act is worth that money. The Supreme Court of Ohio, which was the first state to change its law to comply with the Act, later ruled that the burdens imposed by the new law on sex offenders were unconstitutional, amounting to additional punishment that they did not deserve. In addition, several states have decided not to comply with the law after finding that its costs would far outweigh the federal grant money lost by not complying.

Source: Pittsburgh Tribune-Review, "Pennsylvania misses key federal sex offender deadline," Brian Bowling, August 22, 2011